Effective 5/4/2022 77-18-103. Presentence investigation report — Classification of presentence investigation report — Evidence or other information at sentencing. (1) Before the imposition of a sentence, the court may: (a) upon agreement of the defendant, continue the date for the imposition of the sentence for a reasonable period of time for the purpose of obtaining […]
Effective 7/1/2021 77-18-104. Screening, assessment, and treatment. (1) As used in this section: (a) “Assessment” has the same meaning as in Section 41-6a-501. (b) “Screening” has the same meaning as in Section 41-6a-501. (2) In coordination with the local substance abuse authority regarding available resources, a court in which the Drug-Related Offenses Reform Act under […]
Effective 5/4/2022 77-18-105. Pleas held in abeyance — Suspension of a sentence — Probation — Supervision — Terms and conditions of probation — Time periods for probation — Bench supervision for payments on criminal accounts receivable. (1) If a defendant enters a plea of guilty or no contest in conjunction with a plea in abeyance […]
Effective 7/1/2021 77-18-106. Treatment at the Utah State Hospital — Condition of probation or stay of sentence. The court may order as a condition of probation, or a stay of sentence, that the defendant be voluntarily admitted to the custody of the Division of Substance Abuse and Mental Health for treatment at the Utah State […]
Effective 7/1/2021 77-18-107. Home confinement — Electronic monitoring for home confinement. (1) The court may order home confinement as a condition of probation under the supervision of the department, except as provided in Sections 76-3-406 and 76-5-406.5. (2) The department shall establish procedures and standards for home confinement for all defendants supervised by the department […]
Effective 5/4/2022 77-18-108. Termination, revocation, modification, or extension of probation — Violation of probation — Hearing on violation. (1) (a) The department shall notify the court and the prosecuting attorney, in writing: (i) when the department is requesting termination of supervision for a defendant; or (ii) before a defendant’s supervision will be terminated by law. […]
Effective 7/1/2021 77-18-109. Standards for supervision and presentence investigation. (1) The department shall establish supervision and presentence investigation standards for all individuals referred to the department based on: (a) the type of offense; (b) the results of a screening and an assessment; (c) the demand for services; (d) the availability of agency resources; (e) public […]
Effective 7/1/2021 77-18-110. Disposition of fines. A fine imposed by the district court shall be paid in accordance with Section 78A-5-110. Renumbered and Amended by Chapter 260, 2021 General Session
Effective 7/1/2021 77-18-111. Sentence — Term — Construction. (1) If an individual is convicted of a crime and the judgment provides for a commitment to the state prison, the court shall not fix a definite term of imprisonment unless otherwise provided by law. (2) The sentence and judgment of imprisonment shall be for an indeterminate […]
Effective 7/1/2021 77-18-112. Reports by courts and prosecuting attorneys to Board of Pardons and Parole. In cases where an indeterminate sentence is imposed, the court and prosecuting attorney may, within 30 days, mail a statement to the board setting forth the term for which the prisoner ought to be imprisoned together with any information which […]
Effective 7/1/2021 77-18-113. Judgment of death — Method is lethal injection — Exceptions for use of firing squad. (1) (a) When a defendant is convicted of a capital felony and the judgment of death has been imposed, lethal intravenous injection is the method of execution. (b) Subsection (1)(a) applies to any defendant sentenced to death […]
Effective 5/4/2022 77-18-114. Unpaid balance at termination of sentence — Past due account — Notice — Account or judgment paid in full — Effect of civil accounts receivable and civil judgment of restitution. (1) When a defendant’s sentence is terminated by law or by the decision of the court or the board: (a) the board […]
Effective 7/1/2021 77-18-115. Liability of rescued person for costs of emergency response. (1) Any person who violates Section 76-6-206.1 and whose conduct required emergency care, rescue, assistance, or recovery services at the scene of an abandoned or inactive mine may be charged with the expenses incurred in meeting the emergency. (2) (a) The court’s order […]
Effective 7/1/2021 77-18-116. Costs imposed on defendant — Restrictions. Unless specifically authorized by statute, a defendant shall not be required to pay court costs in a criminal case as: (1) a part of a sentence; or (2) a condition of probation or dismissal. Renumbered and Amended by Chapter 260, 2021 General Session
Effective 7/1/2021 77-18-117. Fine not paid — Commitment. (1) When a defendant is sentenced to pay a fine in addition to a jail or a prison sentence and the judgment is that the jail or prison sentence be suspended upon payment of the fine, the service of the jail or prison sentence shall satisfy the […]
Effective 5/4/2022 77-18-118. Continuing jurisdiction of a sentencing court. (1) A sentencing court shall retain jurisdiction over a defendant’s criminal case: (a) if the defendant is on probation as described in Subsection 77-18-105(3)(c); (b) if the defendant is on probation and the probation period has terminated under Subsection 77-18-105(7), to require the defendant to continue […]
